Control and supervision in the field of intellectual property under martial law and European integration processes

Abstract

The article examines the system of state control and administrative supervision in the field of intellectual property in Ukraine under the conditions of dual transformation caused by martial law and the European integration process. A doctrinal distinction between the categories of 'control' and 'supervision' in Ukrainian administrative law doctrine is made and compared with the European concept of enforcement authorities and supervisory bodies under the EU acquis. The institutional architecture of control and supervisory powers is analyzed (the National Intellectual Property Authority, State Customs Service, Antimonopoly Committee of Ukraine, law enforcement agencies, collective management organizations), revealing systemic fragmentation, duplication of functions, and a critical institutional gap in the form of a non-functioning High Court on Intellectual Property. The impact of martial law on control mechanisms is examined: the moratorium on inspections, suspension of administrative procedure deadlines, restrictions on the Appeal Chamber's activities, and introduction of IP sanctions against the aggressor state. It is argued that martial law has not so much caused the degradation of control as it has exacerbated pre-war systemic deficits. EU standards for public IP enforcement under Directive 2004/48/EC, Regulation (EU) 608/2013, Directive (EU) 2019/790 and their implementation in Ukraine as candidate status obligations are analyzed. Based on a comparative analysis of the experience of Croatia, Georgia, and Moldova, a phased model for reforming the control and supervisory system is proposed, focusing at the first stage on customs enforcement, digitalization of registers, and judicial institutional capacity.